I’m planning a trip to Acadia, travelling through NY, CT, MA, NH & ME. I have a PA CCW and know that it is valid in NH & ME (not necessary), but not in CT, NY, & MA. Can I legally travel through those states with my gun and ammo in my trunk?
Thanks
Research FOPA - Firearms Owners Protection Act. It is a Federal law. It prevents States from inflicting their screwed up laws on you when you are just passing through.
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FOPA is supposed to protect you while in transit, but NY is known to ignore it. Not just at the airports, where travelers have been jammed up, but also on the highways, When I consulted with US Lawshield attorneys prior to my cross-country drive with the gun collection, I was told that NY had prosecuted drivers passing through the state with an inaccessible handgun. It’s rare; they’d have to both stop you and find it, but apparently it has happened a time or two.
Fortunately, I didn’t need to go through NY. I was counseled to avoid Illinois, and especially Cook County. The attorney admitted he didn’t know of a prosecution for transiting IL with secured firearms, but he thought if NY had done it, IL was probably waiting for an opportunity.
Even under FOPA, whatever you are transporting has to be legal if every state you pass through. That’s rarely a problem if you are coming from NJ, as it is rare to find more draconian laws in other states
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Is supposed to.
Doesn’t always.
In addition to keeping ammunition and firearms separate and in locked containers, avoid getting pulled over in general. Don’t drive like an ass or otherwise draw attention to yourself.
The problems come when you overnight in one of those states, not just pass through.
FOPA is an affirmative defense you can invoke if you are prosecuted in one of those states.
It does not prevent your prosecution.
The process can be the punishment.
Is that true?
Yes.
Look, you’re probably going to be A-OK in making that trip while conforming to the FOPA rules (firearms unloaded, locked in case, ammo in separate locked case).
I’d make the same trip.
However, expecting that FOPA is a “shield” that will absolutely prevent you from arrest and prosecution isn’t exactly how it works.
As far as I know there are no repercussions/punishments for a state that violates FOPA, other than them losing a prosecution case against you where you’ve operated under the FOPA rule.
Follow FOPA, drive conservatively and you should be ok.
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